Criminal Law Questions? Ask a Criminal Lawyer.
If the case is not deferred and does in fact go to a hearing, what would be the penalty? Would they need an attorney to defend them?
The young man received a court date for an arraignment in two weeks. What should he expect? What does he need to be prepared for? Should he take counsel to the arraignment?
At the arraignment he will be asked for his plea. I suggest he will want to plea Not Guilty until he can confer with a local attorney to help out with a plea bargain that will not include jail time
The young men have been referred for an alternative program in Delaware where they will be required to undergo testing for several months. There's a drug court hearing secheduled for next week, what happens during the hearing?
HelloOf. Great. The Diversion Drug Court Program will be explained. At the hearing they will waive their right to a jury trial and agree to plead guilty with the stipulation that upon the successful completion of the Diversion Program, which is in essence a probation where they will have to go to substance abuse awareness classes and perform community service , the guilty pleas will be rescinded. That means that the conviction will not appear as a guilty and it will show as it have been dismissed. There programs can last 90 days and there is a $150 fee At the end of the 90 days the guilty plea is removed
Here is a list of what the diversion probation will include
1. (A) Complete an alcohol-education or drug-education class, and (B) attend a treatment program for alcohol or drug dependency if directed to do so by the Court’s probation department;
2. Complete 20 hours of community service under the direction of the Court’s probation department;
3. Report to the probation department as scheduled, and notify the probation department about any address changes and any events that affect the participant’s ability to complete the program;
4. Refrain from committing any other criminal offense or any drug-related or alcohol-related traffic offense while participating in the program;
5. Submit to drug or alcohol testing whenever directed to do so by the probation department, and agree that any failure to submit to those tests or any illegal drug or alcohol use while in the program will result in the defendant’s removal from the diversion program;
6. Pay the $150.00 supervision fee, pay the cost of the appropriate drug or alcohol class, pay the cost of any drug or alcohol assessment
They will also have to then to continue in Drug Court to be monitored as to the progress with the program
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